Monday, December 21, 2015

Hattiesburg Restaurant Agrees to Pay Damages for Treatment of Patron with Service Dog

Jackson, Miss - “On September 11, 2013, Vickie Killingsworth, accompanied by her service dog, entered the Grand China Buffet Restaurant, in Hattiesburg, Mississippi,” said U.S. Attorney Gregory K. Davis. “Killingsworth, along with her friends, asked to be seated but were then told by the hostess `No dogs are allowed.’ Further, the hostess informed Killingsworth that they must leave the premises. Killingsworth, who uses a wheelchair, informed the hostess she was mobility impaired, that the dog was her service animal, and that she had a right to be seated and treated as all other patrons.

Eventually, restaurant staff allowed Killingsworth and her party to receive service. However, they were seated in a corner well away from all other customers, near a service area. As Killingsworth approached the front of the restaurant to leave, a staff person met her at the front door to tell her, `Next time no dog.’ As Killingsworth tried to explain the law regarding service animals, he waved his hand toward the door, raised his voice in an angry tone and said, `Go!’ ”

Grand China Buffet Restaurant and its owner, Zhen Fei Chen, have entered into a Settlement Agreement with the United States following an investigation conducted by the U. S. Attorney’s Office. The investigation concluded that Killingsworth had been denied her civil rights under the Americans with Disabilities Act as the result of the treatment she received while at the restaurant. Even though Grand China Buffet eventually allowed Killingsworth and her service dog to enter the restaurant, she was restricted to a certain area and told to never return with her service animal.

As a matter of protected civil rights the Americans with Disabilities Act clearly provides that a Title III public accommodation, such as a restaurant, may not discriminate against persons with disabilities who rely on service animals to assist them. It is the restaurant owner’s responsibility to properly train staff in this regard to prevent such discrimination, embarrassment and humiliation.

Killingsworth was paid $2,500.00 in compensatory damages by the restaurant, and a civil penalty of $500.00 was paid to the United States in order to partially vindicate the public interest.

The restaurant's owners and employees (now and in the future) must undergo specific training regarding customers with service animals; signs must be posted on the exterior entrances of the business alerting patrons that persons accompanied by their service animals will be welcomed; and the settlement also prohibits future discrimination at the restaurant.

In conclusion, U. S. Attorney Davis stated: “We appreciate the cooperation of Grand China Buffet and Zhen Fei Chen in bringing about an amicable resolution of this matter. Service animals play a vital role in providing independence for persons with disabilities. The Americans with Disabilities Act will be fully enforced in this District. If anyone has experienced similar conduct or other discriminatory actions based on their disability— including barriers to access to public accommodations, effective communication issues for those with sensory impairments, or other discrimination— please contact Assistant United States Attorney Pshon Barrett at (601) 965-4480 or email at pshon.barrett@usdoj.gov.”

Kingfish note: Confucious say Ms. Killingsworth should be glad ancient Chinese chef did not make her service dog the dinner.

38 comments:

Anonymous
said...

Most people do not know that it is possible for a person to get service dog license for a dog even though you are not disabled and the dog is not trained. Just pay your money and Spot can go with you anywhere.

I agree @ 2:44. I see so many of these "service dogs" that are for companionship & not true service to help someone with a disability. It's out of control. I, for one, am NOT interested in eating with a dog nearby. I have allergies & animals set off my allergies-big time. So, where are my rights to not have to eat, shop, etc with a dog around me? Also, getting a service dog designation is now like getting a handicapped parking permit-anyone can get one. Since when did being fat give you just cause for being handicapped? Fat is not a handicap. I see so many people who are fat & just want the permit so they don't have to walk. Just saying what's not PC or popular, but it's the truth!!!

While many have abused both handicapped parking and service animal designation, there are people that need and depend on these animals to assist them with every day activities. Both sight impaired people and people with spinal cord injuries depend on certified service dogs. I guess you also think buildings should not be accessible either? You are a typical, dumb redneck.

Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

@3:21. While being fat is a choice for most, it is definitely not a choice for all. Certain conditions, including results of birthing procedures as recent as 30 years ago, make people overweight, no matter how much they diet and exercise. I assure you, there are many fat people you see on a daily basis that do exercise, and do not eat unhealthy. They unfortunately have no choice. And they are generally the most kind, loving people you'll ever meet.

Of course, there for every fat person with no choice, there's ten that like to eat McDonald's for every meal and reached that point at their own will.

The ignorance of some of those posting is incredible. So you've all seen this person's medical records, have you?You ,first of all, don't apparently know, for example, that service dogs can alert to oncoming seizures for those with traumatic brain injury and PTSD, they can alert for diabetics and they can help those in a wheel chair pick up what is dropped, open doors ( including in a handicapped bathroom and help with clothing).You also apparently don't know that fat can be caused by medical conditions like adrenal gland problems and necessary medicines that treat disabilities. Some illnesses compromise one's metabolic rate. You can't burn calories but you also can't live without adequate nutrition !I'd rather see a well cared for dog that has had it's shots and is on a flea and tick treatment in a restaurant than those of you who are coughing, sneezing and blowing your noses! I've never be exposed to an illness from a dog, only people!And, the person with allergies should be able to control their allergies as I do mine ( and some of mine involve the risk of anaphylactic shock not just the inconvenience of a runny nose, itchy eyes and hives!) I'm a grown up who can follow my allergist's instructions and don't think the world revolves around me!And, I'm wondering if it was one of you who was rude to my good friend who just died. She looked so beautiful until the very end. She tried to enjoy her life as long as she could and you had no idea why she needed the handicap parking space.Way to go know nothings who think they know everything !

6:24; Nobody is coming to your dynamic pity-party. Don't attempt to make this thread all about you. You know why? Because it's NOT, that's why. Nobody cares what you would rather see in a restaurant and nobody cares to see your take on metabolism and fat people.

Go out on the porch and have another milk shake and wipe the cat tracks off the freezer.

I have no dog in this hunt (ho ho ho) being neither a dog-owner nor handicapped (yet), but I'd certainly rather dine in the vicinity of a properly-trained canine (service or not) than many, MANY children who are allowed to rampage about, unchecked and un-smacked by their lazy parents. I always enjoy the country pubs in rural England, where dogs are a common sight, but little kids are frowned upon.

The irrelevant-to-this-thread but comical topic of whether the Chinese really eat dogs (and cats) led me down a fairly unappetizing rabbit (mmmm!) trail of Googling, and, yes, they do indeed. I always assumed that was a sinophobic joke in poor taste (my, the woods are full of wordplays, sorry) but...they DO chomp on Fido and Frisky! Just as the French eat horsemeat, and the Italians love a dish with black squid ink that turns teeth deep purple. I suppose it's all what you're used to, but...ugh.

What we really need to stop is all the Escalades parked at Wal Mart in the 'blue zones' with placards hanging from the mirrors. Minority medical practitioners in Canton and Jacktown are handing out those permit orders left and right in order to keep the business of those who request, but don't qualify for them.

Pity Party Declined...hate to break the news to you but I am not handicapped. I'm in excellent health, thank the Lord. I am not one ounce overweight either. Unlike you, I happened to have a lot of friends and not all of them have been so fortunate.

Walked out of my office today just to see a guy with a handicapped blue card hanging from his rearview mirror. Is he handicapped? HELL NO! I know him & have worked with him for years. His disability? He's fat & doesn't want to park in his assigned spot, so he gets a permit to park closer to the door (God forbid he has to walk like everyone else). After all, he's handi-capable! He just doesn't want to walk the extra 200 steps where the non-handi-capable people have to park. He takes a spot from someone who may really need it. The same applies to service dogs-over used & not needed by some. I agree with the above person who said they didn't want to eat beside a dog. I personally don't like the idea of eating with a pet that's licking his balls while I eat. Call me weird.

Wrong Noel - The Health Department can NOT successfully fine a restaurant for allowing an animal who appeared to be or was said to be a service dog. No proof is required, nor can it be required.

If I run a restaurant and believe the animal to be a service dog, and by some twist of impossible fate, the Health Department later says it is not a service dog and fines me, fine, we take it to court.

If I run a restaurant and believe a dog to NOT be a service animal and refuse service, I run the risk of an ADA based discrimination lawsuit I don't think I'd risk that, notwithstanding the patron who farts, picks his nose and fidgets with his balls but is insulted when a dog licks HIS.

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything). Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

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In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up. In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!